HomeMy WebLinkAbout101-Staff Report.pdf1
SARATOGA CITY COUNCIL
MEETING DATE: September 1, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John Livingstone, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Zoning Ordinance Amendment to Article 11-15 to prohibit smoking in
City of Saratoga Parks
RECOMMENDED ACTION:
Conduct a public hearing considering proposed amendment to adopt Article 11-15 of the
City Code to prohibit smoking in City parks. Close the public hearing, introduce and
waive the first reading of the ordinance and direct staff to place the ordinance on the
consent calendar for adoption at the next regularly scheduled meeting of the City
Council.
REPORT SUMMARY:
City Council members Chuck Page and Howard Miller have requested this item be
placed on the City Council agenda prohibiting smoking in the City of Saratoga Parks.
DISSCUSSION:
Currently there is a State law that prohibits smoking near playgrounds and tot lots used
by children (California Health & Safety Code section 104495, see Attachment 4). This is
currently enforced by the Sheriffs Office. The law applies only to parks designed
specifically for use by children and does not apply to smokeless tobacco products. State
Law also prohibits smoking within 20 feet of public buildings.
The Public Health Institute has prepared a model ordinance restricting smoking and use
of smokeless tobacco products in recreation areas for use by jurisdictions that wish to
prohibit smoking in parks or portions of parks that are not covered by the State law or
that wish to also prohibit smokeless tobacco products. (The model ordinance also
includes provisions for prohibiting smoking in outdoor areas other than parks.) The
proposed ordinance (Attachment 1) is based on the Public Health Institute model and
would prohibit smoking and use of tobacco products in all City parks. The Tobacco
Institute's full model ordinance in included as Attachment 6 and includes annotations
explaining the findings and policy options included in the ordinance.
2
The City of Saratoga’s General Plan Open Space element lists 17 parks (Attachment 2).
All of these parks are on city owned property. The list does not include one pocket park
that the city does not own that is on a water district easement on Saratoga Sunnyvale
Road near Jake’s Pizza. The ordinance has been drafted to apply to all parks in the City
including the pocket park stated above. Attachment 3 is a map showing all City-owned
parks.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt
under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the
amendments are exempt because it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment).
FISCAL IMPACTS:
Preparation of the staff report and ordinance is partially funded through the advance
planning fund. Signs may need to be placed in the parks prohibiting smoking. The Public
Works Department has funding available for signs already in their budget.
ALTERNATIVES:
Provide staff with alternative direction.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Smoking in public parks would be allowed to the extent consistent with State law.
FOLLOW UP ACTION:
Place the ordinance on the consent calendar for adoption at the September 15, 2010
meeting of the City Council. Recommend the Administrative Services Director
incorporate the new policy and associated citation fees into the budget and fees schedule.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s website in advance of the meeting. A copy of the agenda packet is
also made available at the Saratoga Branch Library each Monday in advance of the
Council meeting and residents may subscribe to the agenda on-line by opting in at
www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and
published in the Saratoga News.
ATTACHMENTS:
1. Proposed Ordinance
2. Excerpts from the City of Saratoga Open Space Element listing City Parks
3. Map of City parks from the Open Space Element
4. Existing Health and Safety Code Excerpt
5. Fast Facts Handout from the Center of Disease Control
6. Public Health Institute Model Ordinance Regulating Smoking in Recreation Areas